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Elder Law Attorney Services

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What is Elder Law?

Elder law is a field of law that focuses on legal issues that affect older adults, including disability and special-needs planning, guardianship, estate and incapacity planning, and elder abuse.

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Elder law attorneys help families navigate the legal complexities of aging. Elder law includes counseling families on the variety of long-term care options, helping families who have loved ones with dementia, Alzheimer’s or Parkinson’s, or explaining long-term care benefits programs.

Sometimes it’s hard for families to know just what to do when they are caring for a loved one. An experienced elder law attorney can help by asking the right questions to get at the specific issues a family may be experiencing and help find solutions.

Plans & Trusts

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Asset Protection Plans

Asset Prot. Plan

Asset protection planning is a method used to shield assets that would otherwise be susceptible to legal judgments or claims by creditors or former spouses. A number of legal devices exist to ensure that both personal and business assets remain in the possession of the asset-holder. 

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Special Needs & Miller Trusts

Special Needs

Special Needs Trusts are created for individuals who are currently receiving public benefits or may need public benefits in the future. Miller Trusts are meant to assist those applying for benefits whose income may be over the qualifying amount. They are planning tools to help people who need public benefits qualify for benefits, protect those benefits, and protect the assets of the person who needs the benefits.

LTC

Long-Term Care Planning

What is a Long-Term Care plan?

At its simplest, a long-term care plan (LTC) is thinking through where you want to age and how you wish to be treated.

Questions to Consider:

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At what point as you age would you consider hiring a healthcare worker to come into your home?

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When you should consider Independent or assisted living?

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If I chose to stay in my home, is it accessible for me?

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If you choose to remain at home how will you handle the isolation?

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How will I pay for care?

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Am I physically able to age in place and what modifications may need to be made to allow me to stay in my house?

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Is my caretaker able to take time off from work to care for me?

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Do I have long-term care insurance?

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Do I have children or other dedicated caretakers who are available to take me to doctor’s appointments, grocery shop, and help prepare meals?

LTC Options

If you prefer to be social and have activities while being around others, there may be other options that would be more beneficial than remaining in your house. 

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Home Health Care

In this scenario you will remain in your home and enlist varying degrees of assistance. Depending upon your health, you may obtain assistance running errands, help with transportation, meal preparation, medical management, etc.

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Independent Living

Independent living provides an array of options to allow active seniors to live independently. Benefits include companionship of many others who are experiencing the same conditions as they age. Living units contain kitchens, yet meal plans are available if you can’t or don’t wish to prepare your own meals. You remain independent and handle your own business concerns. In this communal living arrangement there are a wealth of activities and social outlets to enjoy.

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Assisted Living

Assisted living becomes an option when someone requires more help such as bathing assistance, medication management, included meals, safety checks, and more. However, you remain in your apartment either alone or with a roommate depending upon finances. Activities, a van available for safe transport to events and for errands, planned social outings, and companionship are hallmarks of this arrangement.

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Skilled Nursing

Skilled nursing comes into play when you require 24-hour care such as a memory ward or for your safety and medical issues. 24/7 care of this type usually necessitates a shared room environment and is extremely costly.

Continuous Care Retirement Community (CCRC)

A CCRC is an all-in-one aging solution offering multiple levels of care on the same campus. Many such campuses have independent living, assisted living, memory care, and skilled nursing. The biggest benefit of these communities is offering a continuum of care. They are designed to allow their residents to stay in the same place with the same people if their health declines.

The pricing models for CCRCs are different from other solutions. Many are buy-in structures that allow residents to essentially pre-pay for their care. For those with no long-term care insurance who want to ensure they have access to the care they need when they need it, a CCRC may be a solution to consider.

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Need Medicaid Assistance?

We provide the following Medicaid services to better assist you with long-term care planning. 

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Assess Medicaid Qualifications

Qualification for long-term care Medicaid is complex and confusing. We advise people on the best approach for their specific needs.

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Medicaid Application Assistance

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We help clients prepare applications for Medicaid long term care services and follow it through the system until there is a resolution.

FAQs

  • How do I choose people to name as agents?
    Financial Agent: a financial agent must be someone you trust completely to manage your funds when you are not able. This person will pay bills, manage your 401k, and manage all financial situations. Your agent does not have to be related to you—select a person whom you trust. Healthcare Agent: this agent acts under the authority of power of attorney. Your chosen healthcare agent will make healthcare-related decisions for you when you cannot make them for yourself. It is imperative that this agent has engaged in detailed and intimate conversations with you regarding the levels of care that you would want them to take.
  • What if my intended agents do not live near me?
    Location of your agent should not be an issue in this age of electronic communication and technology. Scanners, telephones, and computers allow for finances to be handled securely from afar. Make certain to keep the contact information for your named agent up to date however.
  • What if I don't have anyone to name as an agent?
    An agent is someone who agrees to serve as your representative, often a relative or a child, however the agent can be anyone you trust to carry out your wishes. Depending upon the size of your estate, you may also create a trust and appoint a corporate trustee. Geriatric care managers can sometimes handle medical-based decisions. This is usually under a fee-based arrangement. If you do not have anyone you trust to name as your agent, get your affairs in order and organized, and speak to an elder law attorney about your potential options.
  • Is it okay for my executor to be out-of-state?
    Yes. Most states allow an executor who lives out of state to be named as the executor. Each state has its own rules for the requirements of such an executor.
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Estate Planning Resources

Resources

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Elder Law

3 Minute Video

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Elder Law Month

3 Minute Video

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